Patna High Court
Raj Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is granted bail.
Summary
Raj Kumar Prasad appealed against the order of the Exclusive Special Judge, SC/ST, Gaya, which had denied him bail in a case (Kotwali P.S. Case No. 433 of 2025) involving alleged assaults with a khanti, knife and danda, and caste-based abuse. The prosecution alleged that the appellant, a railway contractor, assaulted the victim and his relatives, causing serious injuries, and that a group of 10‑20 persons were involved. The appellant contended that he was falsely implicated, argued that it was implausible for one person to possess and use three different weapons, and that the injuries were caused by blunt objects, not the alleged weapons, further claiming the caste abuse was not in public view. After hearing both sides, the Patna High Court found the allegations insufficient to justify continued denial of bail, set aside the lower court’s order, and granted bail on a bond of Rs.10,000 with two sureties. The appellant was ordered to be released on bail pending trial.
Issues considered
- Whether the appellant is entitled to bail despite allegations of assault with multiple weapons and caste-based abuse.
- Whether the evidence presented establishes a prima facie case sufficient to deny bail under the cited provisions.
- Whether the alleged caste abuse, not being in public view, affects the applicability of the SC/ST (POA) Act.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 352
Subjects
- bail
- assault
- caste violence
- SC/ST (Prevention of Atrocities) Act
- criminal procedure
- evidentiary standards
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5107 of 2025
Arising Out of PS. Case No.-433 Year-2025 Thana- GAYA KOTWALI District- Gaya
======================================================
Raj Kumar Prasad, Son of Bhola Mahto, R/o Mohalla - Nagmatiya Road, P.S.
- Civil Line, Dist. - Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ganesh Choudhari, S/o Late Shankar Choudhary, R/o Village - Kharkhur,
Gumti No. 64, P.S.- Delha, Dist. - Gaya ji
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Vijeta Kumari, Advocate
For the State : Ms. Usha Kumari 1, Spl. P.P.
For the respondent : Mr. Brijmohan Das, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 02-04-2026 Heard learned counsel for the appellant, learned
counsel for the respondent and learned Special Public
Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 29.10.2025 passed by learned Exclusive
Special Judge, SC/ST, Gaya Ji whereby the prayer for bail of the
appellant in connection with Kotwali P.S. Case No. 433 of 2025
under Sections 126(2), 115(2), 109 and 352 of B.N.S. and
Sections 3(2)(v), 3(1)(r) and 3(1)(s) of SC/ST (POA) Act was
rejected.
3. The case of the respondent, in short, is that while
the respondent was going to railway office on the occasion of
Patna High Court CR. APP (SJ) No.5107 of 2025(3) dt.02-04-2026
2/3
Vishwakarma Puja, meanwhile the appellant who is a contractor
of railway Gumti is engaged in illegal collection from the
vendors arrived inebriated condition and started assaulting and
abusing by caste name. It is specifically alleged that appellant
assaulted the respondent with khanti on left hand and head and
also assaulted the brother of the victim with knife causing
serious neck injury. It is further alleged that the appellant also
assaulted the brother-in-law of the victim with danda. It is
further alleged that altogether there were 10-20 unknown
persons with the appellant.
4. It is submitted by learned counsel for the appellant
that appellant is innocent and he has been falsely implicated in
this case. The main thrust of allegation is against the appellant.
It is alleged that once he has assaulted with khanti. After that, he
has assaulted with knife and after that he has assaulted with
danda. Learned counsel for the appellant has submitted that it is
highly improbable that a person will be having three weapons
and will use the same one by one. It has further been submitted
that from perusal of the injury report of all the three injured
persons, it is clear that they have received simple injury caused
by hard and blunt object. It has further been submitted that the
appellant has been framed in this case only with a view to
Patna High Court CR. APP (SJ) No.5107 of 2025(3) dt.02-04-2026
3/3
malice him. As far as the allegation against the appellant
regarding abusing with caste name is concerned, it was not in
public view. The appellant is languishing in judicial custody
since 17.09.2025.
5. The appeal for bail is vehemently opposed by
learned Spl. P.P. for the State and learned counsel for the
respondent. Learned counsel for the respondent has stated that
the appellant has assaulted on the head of the respondent which
is vital part of the body.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to allow this appeal. Accordingly, the appeal is allowed
and the impugned order dated 29.10.2025 passed in connection
with Kotwali P.S. Case No. 433 of 2025 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Kotwali P.S. Case No. 433 of 2025 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned learned Exclusive Special Judge, SC/ST, Gaya Ji.
(Ashok Kumar Pandey, J)
lata/-
U T
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